Delegated Legislation Flashcards
What is delegated legislation
It is a law made by a body other than parliament but with the authority given to it by parliament
Secondary legislation
Enabling act
Ultra vires
Why is delegated legislation needed
1 saves parliamentary time
2 allows rapid change
3 experts with appropriate technical knowledge can be used
4 emergency legislation can be passed quickly
5 enables minor changes to statutes e.g. variations in sentences
6 judicial review may be sought by parties with locus standi
7 local knowledge is used when making bylaws
8 withdrawal or amendment easy
What are the types of DL
Orders in council
Statutory instruments
Bylaws
What are orders in council
These are generally made in time of emergency under the following enabling acts:
• the Emergency Powers Act 1920
• the civil Contingencies Act 2004
Approved by the Privy council and signed by the queen
They can be used to amend law and give effect to EU law. For example: The misuse of Drugs Act 1971 (modification) (no.2) order 2003 downgraded Cannabis from Class B to a Class C drug
What are statutory instruments
Made by government ministers within their area of responsibility
Provide the flesh to enabling acts
SIs are usually published in the form of regulations. SIs are governed by the statutory instruments act 1946
More than 3000 are produced each year
Made via affirmative or negative resolutions
Examples:
• The Motor Vehicles (wearing of a seat belt)(amendment) regulations 2006- this brought into effect a European directive
•the fixed penalty offended order 2013- states that using a mobile phone when driving attacks a fixed penalty
• under PACE 1984 the SOS can issues codes of practice relating to police peers of arrest, stop and search, detention etc
What are bylaws
Made by local authorities, public corporations and companies
County councils- affect country
Town councils- their area
Sanction or penalty for their non observance
Examples:
• national trust allows nudists at studland beach between notices
• skateboarding prohibited on princess Diana memorial gardens in Southport
What are the controls of delegated legislation ?
Parliamentary control and judicial control
Control by parliament
